Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Merger Control
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
 
Japan
In order to challenge a cease and desist order imposed by the Japan Fair Trade Commission (JFTC), the parties may file an appeal for revocation of the order with the Tokyo District Court within six months of the date of becoming aware of the order or within one year of the date on which the certified copy of the order is received.

The decision of the Tokyo District Court may in turn be appealed to the Tokyo High Court within two weeks of the date on which service of the judgment document is received.

The parties may appeal the decision of the Tokyo High Court or file a petition of acceptance of final appeal to the Supreme Court within two weeks of the date on which service of a judgment document is received.

All decisions of the JFTC can be appealed and the court will conduct a full review of all facts and evidence.

For more information about this answer please contact: Kentaro Toda from TMI Associates
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
 
Japan
The Act on Prohibition of Private Monopolisation and Maintenance of Fair Trade does not specify whether third parties can appeal the JFTC’s decision. Under the Administrative Case Litigation Act, an action for revocation of an original administrative disposition on appeal may be filed only by a person that has a legal interest to seek revocation of the original administrative disposition.

However, the circumstances in which the court will rule that third parties have sufficient legal interest to appeal a JFTC decision are unclear, as there have been no such cases to date.

For more information about this answer please contact: Kentaro Toda from TMI Associates